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… v. YARON HELMER, JERRY A. CHOLEWKA, and HELMER CONLEY & KASSELMAN, P.A., Defendants-Respondents. … amounts of money claimed by [plaintiff] . . . ." Defendants pointed out that plaintiff "repeatedly acknowledged owing … v. Consol. Rail Corp., 391 N.J. Super. 17, 23 (App. Div. 2007)). We begin with the discovery sanctions award. We …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … he lived in the home with the aunt and defendant. At some point during the police presence in the home, a third family … 425 (2014) (quoting State v. Elders, 192 N.J. 224, 244 (2007)); Hubbard, 222 N.J. at 262. This applies as well to 9 …
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… Submitted January 22, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior Court of New … presented during a 2002 DYFS investigation and in a 2007 trial. The court observed that defendant failed to … presents the following arguments for our consideration: POINT I THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … funds attributable to the student. [(as emended by L. 2007, c. 206, § 58)]. Notably, there is no requirement that … the exercise of discretion over and over again at decision-points during SFRA's development lead us to conclude that …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … are both nationals of India. They were married in India in 2007 in an arranged marriage. Defendant had already been … testimony and evidence. In an effort to persuade us on this point, defendant's brief calls to our attention selected …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … attempted several forms of treatment including trigger point injections on two occasions, and transforaminal … Ibid.; see also Davidson v. Slater, 189 N.J. 166, 181 (2007). To satisfy the statutory threshold, there must be a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … challenges only his convictions and raises the following points for our consideration: POINT I THE MURDER CONVICTION … such a reaction can "elicit[] within the individual a very powerful and . . . extreme[] emotional reaction." He …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Salem City apartment, and demanded T.B.'s car keys at knifepoint before fleeing in the vehicle. Defendant was later … Strickland prong. See State v. O'Neal, 190 N.J. 601, 619 (2007) (stating it is not IAC to pursue a meritless claim). …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … station attendant Pawam Jung Rayamajhi "was held up at gun point by a white male and white female." According to the … a meritless motion, see State v. O'Neal, 190 N.J. 601, 619 (2007) (explaining "[i]t is not ineffective assistance of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … raises the following contentions for our consideration: POINT I THE OAL JUDGE ABUSED HER DISC[RETION] SINCE HER … of a particular field." In re Herrmann, 192 N.J. 19, 28 (2007). 8 A-1424-21 Turning to substantive legal principles, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … involved in a dispute altercation in Sayreville. At that point in time he was unarmed. Following the dispute, … possess a firearm due to a prior conviction. On February 1, 2007, a Middlesex County Grand Jury returned Indictment No. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 2016. This appeal followed. On appeal, defendant argues: POINT I IT WAS ERROR FOR THE TRIAL COURT TO ADMIT THE … in the record." State v. Elders, 192 N.J. 224, 243 (2007). Furthermore, we must give deference to the trial …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Act, N.J.S.A. 2C:43-7.2(a). Defendant appeals arguing: POINT I THE TRIAL COURT GROSSLY VIOLATED [DEFENDANT'S] RIGHT … abuse of discretion. Brenman v. Demello, 191 N.J. 18, 31 (2007). Our Supreme Court has recognized "that discretion is …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … v. Comer, No. A-2725-15 (App. Div. Dec. 30, 2015). By this point, Comer sought to gain relief based on the series of … statistics and the changes in other states' laws "is powerful evidence that society does not consider a mandatory …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … This appeal followed. Defendant raises the following points for our consideration. POINT I THE TRIAL COURT MADE … court's jurisdiction to review sentences includes the power to make new findings of fact, to "reach independent …
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… 12:39:22 PM Pg 1 of 38 Trans ID: CRM20241095193 i TABLE OF CONTENTS TABLE OF AUTHORITIES … CRM20241095193 2 including his brother, George Norcross, a powerful figure in New Jersey politics, and the Cooper … reckless charges are outdated by years only underscores the point. So while he shares Tambussi’s outrage, Philip …
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… OF NEWARK its priests, reverends, brothers, teachers, deacons, directors, officers, employees, agents, servants, … 3) any other crime of a sexual nature." Defendants further pointed out that the CSAA defines the term "sexual abuse" as … of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189, 195 (2007)). Only if the language is ambiguous and susceptible …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … card, N.J.S.A. 2C:21-6(c)(5). Before us, defendant argues: POINT I THE TRIAL COURT ERRED IN DENYING [DEFENDANT'S] … marks omitted). See State v. Elders, 192 N.J. 224, 244- 45 (2007) (holding while an appellate court may view the same …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and one-half years. Defendant now appeals, arguing: POINT I THE EVIDENCE CLEARLY INDICATED THAT THE TRIAL COURT … R. 2:10-2; see also State v. Wakefield, 190 N.J. 397, 473 (2007) (holding that under Rules 1:7-2 and 2:10-2, "the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Defendant challenges his conviction and sentence arguing: POINT I THE COURT ERRED IN FINDING THE DEFENDANT'S … 395 (2019) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). We "defer to the trial court's factual findings …